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(영문) 수원지방법원 2015.01.27 2014노5721
게임산업진흥에관한법률위반
Text

The judgment below

Part concerning Defendant A, B, and D among them shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months and by imprisonment for Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor 1) misunderstanding of facts (as to the part not guilty in the order of the judgment of the court below) first, as to whether Defendant D exchanged within the instant M game room, and as to whether Defendant D had been involved in the operation of the instant game room, theO, which was the most part of the customers, stated that Defendant D and E, who had been involved in the operation of the instant game room, made exchange to customers, and they made the settlement of accounts after the completion of their business.

B) Next, as to whether Defendant A and B, the actual business owner of the instant MM game room, conspired with Defendant D and D, Defendant A and B did not know of the act of exchange between Defendant D and E. However, Defendant A and B stated that Defendant A and B had settled accounts in the instant M game room at night on a day, and Defendant A and B stated that account was made in the instant M game room due to the characteristics of the game room business, no less than one day of cash transactions, and no more than one day was prepared, and profits cannot be made if the business was not carried out. C) Nevertheless, the lower court found Defendant A and B not guilty of all the facts charged against Defendant D, which led Defendant A and B to engage in speculative acts using game products among the facts charged against Defendant A and B, and which was erroneous in the judgment of the lower court, which affected the conclusion of the judgment.

2) In light of the overall sentencing conditions of this case, in light of the sentencing conditions of Defendant A, B, and F, the lower court’s respective sentences (Defendant A: 10 months of imprisonment, 2 years of suspended execution, 2 years of confiscation, 200 hours of community service order, Defendant B: imprisonment for one year, confiscation, and Defendant F: imprisonment for six months of suspended execution, 2 years of suspended execution, confiscation, and 120 hours of community service order is too uneasible and unfair.

B. In light of all of the sentencing conditions of Defendant B and F, the lower court’s punishment against Defendant B and F is too unreasonable.

2. On the prosecutor's assertion of mistake of facts.

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